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In re State ex rel. Glaser

COURT OF CRIMINAL APPEALS OF TEXAS
Aug 19, 2020
NO. WR-91,381-01 (Tex. Crim. App. Aug. 19, 2020)

Opinion

NO. WR-91,381-01 NO. WR-91,381-02

08-19-2020

IN RE STATE OF TEXAS EX REL. RICHARD E. GLASER, Relator


ON APPLICATIONS FOR WRITS OF MANDAMUS AND PROHIBITION CAUSE NO. 20,571-A IN THE 336TH DISTRICT COURT FROM FANNIN COUNTY

Per curiam. ORDER

Relator, Richard E. Glaser, the Fannin County District Attorney, has filed motions for leave to file applications for writs of mandamus and prohibition under this Court's original jurisdiction. Relator contend s that Respondent, the Honorable Laurine Blake, Judge of the 336th District Court, had no authority to appoint counsel and an expert to evaluate Cornelius Titus for competency and to order the expert to file a report detailing his findings. Relator urges this Court to vacate Respondent's orders and to prohibit her from enforcing her orders.

In these circumstances, we decline to exercise our mandamus jurisdiction. The court of appeals has jurisdiction to mandamus Respondent, Relator has not presented a compelling reason why he could not have sought mandamus relief in the court of appeals, and an Article 11.07 habeas application in this underlying cause is not pending in the trial court. See TEX. GOV'T CODE § 22.221(a); Padilla v. McDaniel, 122 S.W.3d 805, 808 (Tex. Crim. App. 2003); Padieu v. Court of Appeals of Texas, Fifth District, 392 S.W.3 115, 118 (Tex. Crim. App. 2013). Given that we are not exercising our original mandamus jurisdiction at this stage in the proceedings, we also decline to exercise our jurisdiction to issue writs of prohibition. We deny leave to file. Filed: August 19, 2020
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Summaries of

In re State ex rel. Glaser

COURT OF CRIMINAL APPEALS OF TEXAS
Aug 19, 2020
NO. WR-91,381-01 (Tex. Crim. App. Aug. 19, 2020)
Case details for

In re State ex rel. Glaser

Case Details

Full title:IN RE STATE OF TEXAS EX REL. RICHARD E. GLASER, Relator

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Aug 19, 2020

Citations

NO. WR-91,381-01 (Tex. Crim. App. Aug. 19, 2020)